Employment Immigration Attorney
It is not always necessary for an extension petition to be approved before the end date on the current approval notice. If your current extension petition was filed with USCIS before the expiration of your I-94, you may be entitled to a 240-day extension of status even if your I-94 later expires. Our Arlington Employment Immigration Attorney is happy to provide more insight into this benefit.
What types of visas can use the 240-Day Rule?
H-1B; H1-B1; H-2A/B; H-3; J-1; L-1; O-1; TN; E-2; E-1, among others.
What is the benefit of the 240-Day Rule?
You may continue to work for your employer for an additional 240 days beyond the expiration date of your current I-94 while the extension petition is pending. The 240-day period starts the day after your current I-94 end date.
What conditions must be met for me to use this rule?
First, the extension petition must be received by USCIS before the expiration of your status.
Second, you must continue to work for the same employer.
I have been working for my employer for almost three years. My H-1B status expires in three weeks. My employer filed the H-1B extension petition one week ago. Can I continue working after my I-94 expires?
Yes; you may continue working for 240 days.
My H-1B status expires on August 20, 2024. My employer filed my three-year H-1B extension petition on July 1, 2024. Does the 240-day rule apply?
Yes; the rule will allow you to work 240 days beyond August 20, 2024 or until USCIS adjudicates the petition, whichever occurs first.
Do I still have automatic work authorization if my extension is denied?
No. If USCIS denies your extension petition before the end of 240 days, your employment authorization will end as of the date of the denial.
What if it takes USCIS longer than 240 days to adjudicate my petition?
You must stop working on the 241st day. You may continue working after your petition has been approved. If your case is still pending by the 200th day, you should consider upgrading to premium processing to prevent any gaps in work authorization. To determine if upgrading to premium processing is the best route for you, please contact our Employment Immigration Attorney.
My current H-1B status has expired, and I am using the 240-day rule. Can I travel outside of the USA while my extension is pending?
You will not be able to travel outside of the USA during this time. Without a valid H-1B visa stamp or approval notice, you will encounter issues. If you do need to travel outside of the USA, it is best to upgrade to premium processing. For guidance regarding travel during the 240-day window, please contact our Employment Immigration Attorney.
What if I need to renew my driver’s license during the 240-day period?
You may provide a copy of your I-797 receipt notice along with a printout of the regulation from the USCIS site to confirm that you are authorized to continue working despite your earlier I-94 expiration. In some cases, it may be beneficial to upgrade to premium processing instead. You may also ask for a letter from your attorney confirming the facts of your case.
Where can I find more information about this rule?
If you still have questions about the 240-Day Rule, please contact our Arlington Employment Immigration Attorney to schedule a case evaluation.
